Policies & guidance

This section contains links to a wide range of policy, legislation guidance and resources to support practitioners in their safeguarding role.

Legislation

Care Act 2014

The law that people working with adults need to follow is The Care Act 2014. This protects adults who might be less able to keep themselves safe, like elderly, or adults with additional needs. The ERSAB checks that adults are being looked after properly and that the law of the Care Act 2014 is being followed.

Making Safeguarding Personal (MSP)

Making Safeguarding Personal is an initiative which aims to develop an ‘outcome focus’ to safeguarding work and a range of responses to support people to improve or resolve their circumstances. MSP in its simplest form means putting the person at the centre of everything we do during a safeguarding enquiry, from the very beginning to the very end. MSP seeks to achieve:

  • A personalised approach that enables safeguarding to be done with, not to, people.
  • Practice that focuses on achieving meaningful improvement to people’s circumstances rather than just on ‘investigation’ and ‘conclusion’.
  • An approach that utilises social work skills rather than just ‘putting people through a process’.
  • An approach that enables practitioners, families, teams and safeguarding adult boards to know what difference has been made.

What does Making Safeguarding Personal (MSP) look like?

The approaches of agencies and services to adult safeguarding should be person-led and outcome-focused.

The Care Act 2014 emphasises a personalised approach to adult safeguarding that is led by the individual, not by the process. It is vital that the adult feels that they are the focus and they have control over the process. Making Safeguarding Personal (MSP) is not simply about gaining an individual’s consent, although that is important, but also about hearing people’s views about what they want as an outcome. This means that people are given opportunities at all stages of the safeguarding process to say what they would like to change. This might be about not having further contact with a person who poses a risk to them, changing an aspect of their care plan, asking that someone who has hurt them apologises, or pursuing the matter through the criminal justice system.

Operationally, how will this safeguard adults with care and support needs?

Making Safeguarding Personal is not about putting you through a process, it is about having a conversation with you or your representative to ask what has happened.

We will:

  • ask if you require any immediate support to keep yourself safe
  • explain how safeguarding works
  • ask you what you would like to happen. Support you in a way to give you choice and control to improve your quality of life, wellbeing, and safety.

We promise to:

  • listen to you
  • understand your views and wishes
  • take you seriously
  • treat you with respect
  • support you to feel as safe as you want
  • support you to make your own decisions
  • keep you informed and involved
  • tell you what will happen next.

For further details relating to Making Safeguarding Personal please visit the websites listed in the Useful links section below.

The Mental Capacity Act 2005

The MCA helps and protects people who have limited mental capacity to make decisions. This includes people who have limited capacity due to illness, injury or disability. The MCA aims to help these people to make decisions or to be involved in decisions as much as possible.

Mental Capacity Act Codes of Practice

Making Decisions: A guide for people who work in Health and Social Care

Safer Recruitment (DBS)

The Disclosure and Barring Service (DBS) was established under the Protection of Freedoms Act 2012 and merges the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). The DBS is responsible for the following processes:

Disclosure – the DBS searches police records and, in relevant cases, barred list information, and then issues a DBS certificate to the applicant and employer to help them make an informed recruitment decision.

Referrals – Referrals are made to the DBS when an employer or an organisation, for example, a regulatory body, has concerns that a person has caused harm or poses a future risk of harm to vulnerable groups including children. In these circumstances the employer legally must or regulatory body may, make a referral to the DBS.

Barring – the DBS makes its decisions using barring decision-making processes specifically developed for this use and approved by the DBS Board. The barring decision-making processes for considering discretionary (non-automatic barring) cases have been developed to ensure all DBS decisions are fair, consistent and thorough.

See below for the ERSAB DBS Guidance:

ERSAB DBS Referral for Barring Procedure Guidance 2021 (pdf 689kb)

For further information please visit the Disclosure and Barring Service website.

Working principles

These have been agreed between the Yorkshire and Humber Safeguarding Adults Boards, LSCPs, CSPs and Humberside Police

The following document is to be used when managing a Safeguarding Adults Review (SAR), Child Safeguarding Practice Review (CSPR) or a Domestic Homicide Review (DHR) alongside a police investigation by Humberside Police.

Managing a SAR, CSPR or a DHR alongside Humberside Police

ERSAB multi-agency procedures for responding to adults at risk of harm and abuse

ERSAB multi-agency procedures for responding to adults at risk of harm and abuse

Policy and guidance documents

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